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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a small retail pop - up shop who has bought goods from

Resolved Question:

I am a small retail pop - up shop who has bought goods from two leading wholesalers to sell at out local market. After 18mths both companies have come back to say that it has been brought to their attention that I am doing this and am only allowed to sell on-line. When I introduced myself to them at the beginning they were both made aware that I am a pop-up shop going to events, fairs, market and party plan and maybe setting up a website. We had started to look into this but due to family commitments have not been able to pursue it. I have been given a regular slot at our local market but there is a shop within the area who sells similar items and I think may have started the ball rolling on this new situation. I am not on an account as my goods are all paid for and now, trying to find where else I can sell them is proving a nightmare. One of the companies is happy for me to sell any other place but in the market and the other has written to say that I can only sell on-line and not do anything else. Their advisor circled 'website' on our first order and not really understanding the whole set-up I never queried this so, it was not down to us informing them that this was the only way we were trading especially as we had only bought a very expensive pop-up at that time. On both accounts I have no written documentation stating that I am only allowed to sell on-line as if that was the case we wouldn't have traded with them so this has come as a complete shock to me. We were very fresh to this type of business and was guided by these two companies when we visited the Spring Fair. They are now telling me that it is their policy to only use one customer in a post code area. Surely, this should have been looked at when we first went to them. The one that has informed me that I can only sell on-line has three other shops selling their goods within this post code area which I find rather confusing.
Therefore, I would like to know where I stand legally please. As I now own the goods am I in my rights to still sell these at our local market and inform the wholesalers that I will no longer trade with themselves? We have a lot of their products in stock which has cost me lot of money.
I would be very thankful if you could help me understand where I stand please.
Kind regards
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether it is the whole seller that is taking issue?
Customer:

Hi Alex

Customer:

Hi Alex I received an email from one wholeseller stating that it had been brought to their attention that I was at a market stall and that I should only be selling on-line. I actually spoke with them yesterday and asked why I received this email as it was never stated when I set up with them that I was only to sell my products this way. They actually apologised and said that they should take responsibility and was willing for me to sell my products anywhere else but in the market. Between the lines I was led to be believe that the shop in the town has the issue and now they are telling me that their policy is for only one trader under that postcode. Again, this was never mentioned when we set up. I received a letter yesterday from the other wholeseller stating that I can only sell on-line and not do anything else. I rang them but the Director is away until next week but his colleague said that they have me listed as on-line which is something I would never have stated when signing up with them as we did not have a website but had bought a very expensive branded pop-up tent. Again, some of the same type of goods that we sell are also sold in this shop but what I don't understand is that they are saying their policy is only one customer per postcode and yet there are other shops within this area who are selling the same type of product. This has never been mentioned to us until now which is 18mths from when we signed up. We only take our pop-up to the market every other Saturday and it is a lovely market town where they are trying to keep the tradition going so felt honoured to be there. I am amazed that we were never informed of these policies and nothing states on my trade application that we can only sell on-line as if that was the case we couldn't have bought their products as we had no way of selling them.

Alex Watts :

Is it part of their terms that you can ONLY sell online?

Customer: I have nothing in writing or seen anything that I can only sell on-line. This is the first I have heard if it
Alex Watts :

In that case they can not do anything about it

Alex Watts :

The account is governed by the terms and conditions of business.

Alex Watts :

If there is nothing in the terms and conditions then they can not insist you are online only.

Alex Watts :

All the terms and conditions are agreed in the contract.

Alex Watts :

Therefore they can not add extra terms after the contract has been signed.

Alex Watts :

They can NOT stop you trading at a market.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Do you think then it's best that I go back to them and say that as I have not signed anything to say that I will only be selling on line and not signed anything then I will still be at the market so sell my existing stock. I'm guessing they will want to cease trading with me which will be a shame but to be honest, Im not sure I want to work along side them after the way I have been treated
Alex Watts :

Yes I would do that. They can't do something that is not in the contract

Alex Watts :

Does that help?

Customer:

Thank you Alex. Before I go back to them I will double check all paperwork but I am 99.9% positive there is nothing apart from what the employee for one of the companies circled at the Spring Fair and this sheet was not signed by myself.

Alex Watts :

I would go back to them and say that yes.

Customer:

I must apologise for my typing but I am extremely tired as have not slept very well. Thank you again for your help

Alex Watts :

In any event they cant stop you selling on the market.

Alex Watts :

Does that clarify?

Customer:

Yes it does. Many thanks

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

I think that is all Alex thank you.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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